- (1.) M. L. Singhal, J. The present First Appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as L. A. Act), and the Writ Petition, preferred under Article 226 of the Constitution, by U. P. Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as Avas Vikas Parishad), arise out of the award dated May 24, 1993, given by Shri O. K. Gupta, Presiding Officer, Nagar Mahapalika Tribunal, Agra on a Reference Petition under Section 18 of the L. A. Act, having been made by the Special Land Acquisition Officer (hereinafter referred to as the S. I. A. O.), whereby the Tribunal has enhanced the compensation.
(2.) THE appeal was filed on February 7, 1994. THE claimant-respondents on September 11, 1995 filed objection, alleging that in fact the present appeal was under Section 381 of the U. P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as the Nagar Mahapalika Adhiniyam), the appellant having hot obtained the certificate of fitness from the Nagar Mahapalika Tribunal (hereinafter referred to as N. M. P. T.), required under Section 381 (l) (a), and also not having deposited the decretal amount, required by Section 381 (3) of the Nagar Mahapalika Adhiniyam, the appeal is not maintainable. Being frowned by the respondents' objection, the Avas Vikas Parishad has filed the present writ petition on 1- 4-1996. The acquisition proceedings under challenge relate to acquisition of an area of 19 bighas, 2 biswa 52644. 375 sq. mm. of plots No. 457,458,459,500,501,502,507 and 508 of village Ghatwasam, Tehsil Mustaquil, district Agra. The Nagar Mahapalika, Agra on April 23, 1960 notified under Section 357 of Nagar Mahapalika Adhiniyam (which correspondents to Section 4 of L. A. Act) a scheme under the name "ghatwasam Grih Asthan Evam Sarak Yojna, Agra". Notification under Section 363 of the Nagar Mahapalika Adhiniyam (which correspondents to Section 6 of the L. A. Act) wag issued on 18th of June, 1964. In the year 1965 the Uttar Pradesh Avas Vikas Parishad was established under the Avas Vikas Parishad Act (hereinafter referred to as the A. V. P. Act ). On May 31, 1968 the said scheme was undertaken by the Avas Vikas Parishad through the Transfer Deed. The possession of the land required for the scheme, was taken by the S. L. A. O. on behalf of the Collector, Agra, and was handed over to the Avas Vikas Parishad on June 18,1971. The S. L. A. O. gave his Award on November 24, 1972 awarding a sum of Rs. 89,914. 24 to the claimants, namely, Lokman, Dal Chand and Kunwar Singh. The said three claimants moved a petition under Section 18 of the L. A. Act on 23-12-1972/1-1-1973 before the Collector, Agra. for reierence, claiming enhanced compensation. On January 27, 1981 the three claimants, namely, Lokman, Dal Chand and Kunwar Singh through six registered Sale Deeds transferred their rights in the acquired property to Shri Shashi Mittal, Smt. Geeta Agrawal, Km. Usha Mittal, Smt. Kanak (respondent No. 1), Smt. Madhu (respondent No. 2) and Mittal and Company, for a total sum of Rs. 90,000. The four transferees, namely, Shashi Mittal, Smt. Geeta Agrawal, Km, Usha Mittal and M/s, Mittal and Company on 3-5-1993 transferred their rights in the property in favour of the present two claimant-respondents Smt. Kanak and Smt. Madhu for a sum of Rs. 35,000, now the only claimants before the Court. The Tribunal by the award dated 24-5-1993 has enhanced compensation, which according to calculations made comes to Rs. 139,36,560. 17. We have heard the learned Counsel for the parties and have gone through the record of the case.
(3.) THE argument of the learned Counsel for the respondents is that the present award is under the provisions of L. A. Act as modified by Schedule to the Nagar Mahapalika Adhiniyam, delivered under Section 381 of the Prescribed Authority Nagar Mahapalika Adhiniyam, the deposit of the amount under award and the certificate of fitness required under Section 381 (1) of the Nagar Mahapalika Adhiniyam are necessary conditions. THE controversy in the present proceedings stands concluded by the decisions of Division Benches of this Court, namely, in State of U. P. v. Mithilesh, 1991alj 516 and in Special Appeal No. 221 of 1972, decided on 17-5-1972, Dr. Prakash Narain Gupta v. State of U. P. On the contrary, the argument of the learned Counsel for the appellant/petitioner is that the award should be treated as award of the N. M. P. T. , as after the transferor the scheme on May 31,1968 the acquisition proceedings were for the Avas Vikas Parishad. The acquisition proceedings start with the notification under Section 4 of the L. A Act (which corresponds to Section 357 of the Nagar Mahapalika Adhiniyam and Section 20 of Avas Vikas Parishad Act) and end with the award of Collector/s. L. A. O. , or vesting of property in the acquiring body (Nagar Mahapalika or Avas Vikas Parishad ). Before May 31, 1968 when the scheme was transferred to Avas Vikas Parishad, the acquisition proceedings were for Nagar Mahapalika Parishad, but after the said date the beneficiary having been changed, the acquisition proceedings are for the Avas Vikas Parishad. Whether the award is under the provisions of L. A. Act as modified by the Schedule of the N. M. P. Act or as modified by the Schedule of Avas Vikas Parishad Act, depends upon the beneficiary for whom the land has been acquired and not merely on the fact that the Presiding Officer of the Tribunal has described himself as Presiding Officer, N. M. P. T or A. V. P. T. in the impugned award. The Reference Application dated 23rd December, 1972 has the heading U. P. Avas Evam Vikas Adhiniyam, the present respondents on 9th February, 1981 for arraying them as party in the Reference Petition, moved application before the A. V. P. Tribunal, the original tenure-holders also filed their consent before the said Tribunal, in the letter dated 25th February, 1981, written by the Tribunal to the S. L. A. O. it described itself as AVP. T. / N. M. P. Tribunal. On 30th August, 1981 the original claimant Karamvir moved application under Order 1, Rule 10, C. P. C. for impleading himself as party before the A. V. P. Tribunal, the four earlier References under Section 18 of the L. A. Act of the Scheme, namely, L. A Case Nos. 19 of 1977, 30 of 1977, 31 of 1977 claimant Mehra Khus Rehyal and Case No. 13 of 1981, Smt. Meerav. Collector, were decided by Shri Krishna Lal as Presiding Officer, A. V. P. Tribunal on 26th November, 1981. Only after the judgment of the Division Bench in State v. Mithilesh (supra) the Prescribed Authority started describing himself as Presiding Officer, Nagar Mahapalika Tribunal. In the State of Uttar Pradesh, the same officer of the U. P. Higher Judicial Service functions as President, N. M. P. T. and President A. V. P. T Consequently, the present impugned award is an award under the provisions of Section 66 of the AVP. Act read with Section 54 of i the L. A. Act and not under the provisions of Section 381 of the Nagar Mahapalika Adhiniyam and so the question of deposit of amount given under the award by the Tribunal does not arise.;